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(영문) 수원지방법원 2015.12.17 2015구합63501

광역교통시설부담금부과처분 취소청구의 소

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1. On July 23, 2014, the Defendant revoked the imposition of charges for metropolitan transport facilities of KRW 59,688,00 against the Plaintiff.

Reasons

1. Details of the disposition;

A. On September 13, 2010, the Plaintiff obtained approval from the Defendant for a housing construction project to build a tenement house on the land outside B and five parcels of land outside Chungcheongnam-si.

B. On July 23, 2014, the Defendant: (a) pursuant to Article 11-4 of the Special Act on the Management of Intercity Transport in Metropolitan Areas, to the Plaintiff, the said provision is applicable.

It ordered the payment of 59,688,000 won for metropolitan transportation facility charges related to the housing construction project described in the subsection.

(hereinafter “Disposition in this case”). 【No dispute exists, entry in Gap evidence 1, 2, and 2-3 respectively, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) procedural defect Defendant did not undergo prior notification prior to the instant disposition. Therefore, the instant disposition was unlawful. 2) In calculating the amount of metropolitan transport facility charges to be paid by the Plaintiff, the Defendant erroneously set the standard construction cost and total floor space.

3 In violation of the principle of trust protection, the defendant did not mention the plaintiff about the charges for metropolitan transport facilities when granting approval for the housing construction project, and it expressed the public opinion that the above housing construction project is not subject to the imposition of the charges for metropolitan transport facilities.

In addition, the plaintiff trusted the above opinion of the defendant and carried out a housing construction project.

The disposition of this case, which lost the above trust of the plaintiff, is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. Article 5(2) of the Framework Act on the Establishment, Management and Operation of Charges, which is the Framework Act on the Establishment, Management and Operation of Charges for Whether procedural defects exist, provides that when an imposing authority imposes charges, it shall notify in advance the person liable to pay charges of the legal basis for the imposition of charges, the amount to be paid, the grounds for calculation, measures to be taken at the time of deficiencies, and the method of disposal when failing to submit opinions.